Guddi Thakur @ Yogendra Thakur And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.73699 of 2018 Arising Out of PS. Case No.-24 Year-2018 Thana- BANDEYA District- Aurangabad ======================================================
1. Guddi Thakur @ Yogendra Thakur S/o Rameshwar Thakur
2. Arjun Thakur S/o Halkhori Thakur
3. Saryu Thakur S/o Halkhori Thakur
4. Renu Devi D/o Guddi Thakur @ Yogendra Thakur.
5. Nirmala Devi W/.o Guddi Thakur @ Yogendra Thakur All Resident of Village- Malhad Tola Bala Bigha, P.S.-Bandeya, DistirctAurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nawal Kishore Prasad, Adv.
For the Opposite Party/s :
Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-12-2018 Since, initially it is submitted by learned counsel for the petitioner that petitioner no.3, Saryu Thakur, has been apprehended by the police, hence, this application with respect to him has now become infructuous.
Heard learned Counsel for the petitioners and learned APP for the State.
Petitioner nos. 1, 2, 4 and 5 are apprehending arrest in a case registered for the offences punishable under Sections
Patna High Court Cr.Misc. No.73699 of 2018(2) dt.21-12-2018 2/3 341,323,324,448,379,308,504 and 506/34 of the Indian Penal Code.
The prosecution case is that on 28.07.2018 at 5.00 P.M., the accused persons entered into the house of the informant and assaulted him. When the wife of the informant came to rescue him, then she was also assaulted by the accused persons. It is also alleged that the accused persons snatched a pair of earring from the wife of the informant.
It is submitted by learned counsel for the petitioners that for a petty dispute, the accusation has been levelled. There is a counter version of the occurrence, being Bandeya P.S. Case No.25/2018. The impugned order suggests that the injury has been found superficial simple in nature. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.
It is submitted by learned APP for the State that the petitioners are named in the FIR.
Considering the nature of accusation and the nature of injuries caused to the informant and his wife, coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners, except petitioner no.3, be released on
Patna High Court Cr.Misc. No.73699 of 2018(2) dt.21-12-2018 3/3 anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Daudnagar, Aurangabad, in connection with Bandeya P.S. Case No.24/2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T